There's still the issue of enforcement. If the operators and servers are all outside the EU, how would a user effectively get courts to enforce the GDPR?
Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR
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Re: Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR
#12Is it intentional that the site is blank for me (in the EU), or is their JS just crap?
Re: Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR
#13There's still the issue of enforcement. If the operators and servers are all outside the EU, how would a user effectively get courts to enforce the GDPR?
Extradition?
It will become a major international incident if people try to do this.
Re: Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR
#14There's still the issue of enforcement. If the operators and servers are all outside the EU, how would a user effectively get courts to enforce the GDPR?
If the company does not have a data protection officer (or if the DPO doesn't comply with users' requests), users can go to their national government's data protection regulator. No need to go to court.
Re: Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR
#15Anyone really believe they’ll litigate against companies that block them entirely? That want nothing to do with the EU market as a result of this law?
I seriously doubt it, but this is a great example of the 2 years of legal arguments and debates happening in companies because of GDPR.
Re: Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR
#16The only simmilar case I can think of is the Isreali law which prohibits entry into the country by anyone supporting BDS. Notably, in this case they are not even claiming that everyone on the planet is required to not support BDS; because it is obvious that they have no jurisdiction to do so.
EDIT: You also have China and Saudi Arabia who have internet restrictions. However, they also do not claim jurisdiction over foreign sites. They only require compliance by sites that operate within their jurisdiction; and have built the infrastructure to enforce their digital border.
Re: Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR
#17So the GDPR was vague, and while I would say poorly written, many have claimed that the EU will focus more on the spirit of the law vs the law itself. Anyone really believe they’ll litigate against companies that block them entirely? That want nothing to do with the EU market as a result of this law? I seriously doubt it, but this is a great example of the 2 years of legal arguments and debates happening in companies…
All it takes is a single populist data regulator in one of the EU's twenty-eight members,. Will they win? I don't think so. But in the meantime, you'll be dragged through costly regulatory negotiations. Those negotiations would become much more expensive if one had any European users.
Re: Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR
#18Re: Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR
#19Re: Why You Can't Just Block EU Visitors, EU Customers, or Any EU Traffic Under GDPR
#20Making it undesirable for some businesses to operate in your country is part of the cost-benefit analysis you have to do when passing laws.